ABDUL JALEEL Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein is the sole accused in SC 788/2015 of the Court of Session, Kollam. He faced prosecution before the learned IVth Additional Sessions Judge, Kollam as the Special Judge for the trial of N.D.P.S. Act cases, on an allegation that at about 8.20 a.m on 19.5.2015, he was found possessing 1310 gms of ganja in a packet carried in a cover in his hands, at the Neendakara Harbour. The offence was detected by the Sub Inspector of Police, Chavara on the basis of secret reliable information. He arrested the accused on the spot, and seized the quantity of ganja as per a mahazar. On the basis of the arrest and seizure, he registered the crime under Section 20(b) (ii) B of the N.D.P.S Act . Investigation was conducted by the Circle Inspector and he submitted final report in court.

(2.) The accused appeared before the learned trial Judge and pleaded not guilty to the charge framed against him under Section 20(b)(ii) B of the N.D.P.S Act. The prosecution examined four witnesses and proved Exts.P1 to P10 documents in the trial court. The MO1 to MO5 properties were also identified during trial, including the packet containing the remaining quantity of ganja. 30 gms of ganja was taken as sample on the spot by the Sub Inspector. When examined under Section 313 Cr.P.C, the accused denied the incriminating circumstances and projected a defence that this is a false case foisted against him. He did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the learned trial Judge found the accused guilty under Section 20(b) (ii) B of the N.D.P.S Act . On conviction, he was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of b91,00,000/- by judgment dated 25.1.2018. Aggrieved by the judgment of conviction, the accused has come up in appeal.